Public Hearing Summaries – Commission For Human Rights

In Laura Hill vs. ABC Motor Home Rentals, Inc., A female supervisor filed a complaint with the Commission alleging she was discriminated against based on her sex and her employer retaliated against her for reporting sexual harassment of another employee by a male supervisor. An investigation found substantial evidence supporting the complaint. Respondent requested mediation but when it was unsuccessful an accusation was filed with the Commission on March 25, 2020. The parties reached a settlement on March 23, 2021, in which Complainant received a confidential monetary amount. The Commission closed the file on August 3, 2021, upon Respondent’s completing the remaining settlement terms.

In David Ponte-Thomas vs. K & G Enterprises, LLC, dba Evangelo's Restaurant, complainant alleged that respondent treated him as a person with a disability after he suffered an on-the-job injury. Although complainant provided a release from his doctor, respondent hired a new employee for the same position. Commission staff found complainant was discriminated against based on his disability. An accusation was filed on January 26, 2018. A settlement was reached at the start of the public hearing on October 9-10, 2018. Complainant received a settlement of $14,500. Upon respondent’s completion of all terms of the settlement agreement, an Unopposed Motion to Dismiss was filed with the Commission on April 18, 2018.

In Russell Baker vs. Guardian Flight, complainant alleged that respondent discriminated against him based on his age when it terminated his employment while retaining younger, less experienced pilots. When respondent subsequently hired additional pilots, complainant was not considered for re-employment. Complainant also alleged that respondent retaliated against him for filing complaints of discrimination. A settlement was reached between the parties and complainant received a settlement of $150,000. An order granting the motion to dismiss was issued on April 4, 2018 and the case was closed.

In Candice Gardner vs. North Slope Borough School District, Nuiqsut Trapper School, a teacher filed a complaint alleging discrimination based on her race. She was the only black teacher at the school and in the community, and allegedly faced increasing race-related incidents, including a racial epithet spray-painted on the outside of the school. Complainant reported fear of returning to the community and school because while on approved leave she received a photo of a rope one of her students shaped into a circle and held over another student’s head claiming it was for Gardner. Complainant further alleged constructive discharge when her reports were not taken seriously. Commission staff reviewed both claims and found substantial evidence of discrimination and retaliation. Efforts to settle this matter failed and an Accusation was filed with the Commission on August 24, 2020. Complainant subsequently withdrew her claim to pursue a private action. The Executive Director substituted to pursue the Commission’s public policy concerns. Conciliation failed a second time, and an Accusation was subsequently filed. As of March 31, 2022, efforts to settle the matter were ongoing, and a hearing was scheduled to begin August 8, 2022.

In Demetrie Alexander vs. Alaska State Commission for Human Rights, Appellant alleged that the Alaska Court System discriminated against him based on his race, Alaska Native, when it terminated his employment as a magistrate judge. The Commission found no substantial evidence of discrimination and closed the case. On August 9, 2017, Appellant appealed to the Alaska Superior Court. The court stayed the administrative appeal on February 28, 2018, after Appellant filed a civil action (4FA-18-01372CI) based on the same facts as those alleged to the Commission. As of March 31, 2022, the appellate case remains stayed while the private civil action is ongoing.

In Thailando Linnear vs. Quantum Investments, LLC d/b/a Barratt Inn Anchorage Airport, complainant alleged that respondent discriminated against him based on his disability when it refused to allow complainant to stay at its hotel with his service animal. A hearing was held on May 21, 2018 and the ALJ issued a recommended decision on June 5, 2018. The Commission’s September 11, 2018 final order adopted the recommended decision requiring training for all employees and that complainant’s service animal be allowed access to the facility, subjection to state and/or federal restrictions.

In Steven Govatos vs. ASRC Energy Services Alaska, Inc., complainant alleged that respondent discriminated against him by refusing to accommodate his mental disability. When complainant refused to change his prescribed medication respondent terminated his employment. . Prior to the scheduled hearing a settlement agreement was approved on April 30, 2018 and complainant received $45,000 for lost wages. Upon completion of all terms of the settlement, a motion to dismiss was granted on October 5, 2018 and the case was closed.

In Randall Danes vs. State of Alaska, Dept. of Corrections, Division of Institutions, complainant alleged that respondent discriminated against him based on his physical disability when it denied complainant’s requests for a sign language interpreter to allow him the same benefits offered to other inmates. A settlement was approved on April 12, 2017. Upon completion of all terms of the agreement, the file was closed on January 30, 2018.